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Applied for

I'M SMOKING HOT

Registered mark

SMOKIN' HOT SHOW TIME

The Board reversed a refusal to register I'M SMOKING HOT for cosmetics and personal care products, finding that even though the goods overlap with a prior registration for SMOKIN' HOT SHOW TIME (cosmetics, mascara), the two marks are more dissimilar than similar overall and their shared phrase is only somewhat weak, so confusion is not likely.

du Pont factorWeightWhat the Board found
1. Similarity of the marksDispositive — Favored ApplicantI'M SMOKING HOT and SMOKIN' HOT SHOW TIME convey different overall impressions, and the shared SMOKIN' HOT element is weak.
2. Relatedness of the goods or servicesFavored RefusalThe cosmetics are identical in part.
3. Similarity of trade channelsFavored RefusalWith in-part identical goods, the channels and consumers are presumed to overlap.
4. Conditions of sale and buyer sophisticationFavored RefusalInexpensive cosmetics are bought without heightened care, favoring confusion.

In re FabFitFun, Inc. · 2018

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Browse 178 analyzed Board decisions by du Pont factor, posture and industry, with the outcome and, where applicable, the weight assigned to the factors the Board addressed. Each factor has its own guide to the governing law.

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A trademark attorney designed the coding rules and the publication standards. The extraction rules prohibit filling missing factual fields with guesses. The plain-English summaries and the factor coding are our interpretation, and every page states whether an attorney has reviewed it. Library as of 2026-09-19.

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Who checked this

Reviewed and approved by Brandon Leavitt on 2026-10-02.